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Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 6218
Experience:  Partner at Kent Law Group, LLC
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I think i have a case in my already filed divorce case is

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Hi, i think i have a case in my already filed divorce case is that something that you can help me with?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Yes, and we have been divorced i think for 5 years by now
JA: Family law varies by state. What state are you in?
Customer: Colorado
JA: Anything else you want the lawyer to know before I connect you?
Customer: I want to know if i can change the divorce papers, because the house we bought together is not in the papers, also i don't get to claim my daughter for taxes purposes at all, i don't think thats right
Customer: replied 8 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 8 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 8 months ago.
I have been married with him for 10 years

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only and doesn’t constitute not legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.
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Is your divorce currently pending?

Customer: replied 8 months ago.
No, I have been divorced for 5 years, i just noticed some things missing in our decree
Customer: replied 8 months ago.
I want them to be fixed
Customer: replied 8 months ago.
For example the lawyer didn't include the house in our divorce, and also i don't get to claim my daughter for taxes purposes, he does every single year, i don't think that is right and I want to know if i can bring it back to court to amend this

What happened to the house that you bought together?

As far as claiming your daughter on your taxes, a court is unlikely to reopen a divorce case for that - b/c that COULD HAVE been addressed 5 years ago.

Customer: replied 8 months ago.
No i can type, is ok
Customer: replied 8 months ago.
Any other information that you need? I live in Colorado and I have been married to him for 10 years

The reason I ask about the house is b/c if nothing at all was addressed about it you can petition the court to make a decision re: disposition of the house.

Basically, what I'm trying to say is that if something failed to be addressed entirely it's something the court may reopen - but things that could have been decided DIFFERENTLY (like the claim for taxes) are unlikely to be allowed a second bite at the apple (even if the first bite wasn't actually taken). Does that make sense? Of course if you're going to petition the court on the house you can always ASK them to review your arguments re: taxes... since you're filing anyway - but I want you to be prepared for their likely decision. Please let me know if that answers your question. If you don't need any additional information, if you wouldn't mind could you please take a moment to submit a rating. It DOES NOT cost you anything extra and it allows me to get credit for helping you. Sometimes people aren't aware that experts don't get any credit for the time and effort that we spend on our answers unless you rate it positively. 5 STARS is always appreciated! If you have follow up questions I'd be happy to answer them as well. You can still ask follow up questions after rating. There may be some lag in my response time if you follow up with additional questions. It just means I'm working with someone else but I will ALWAYS come back an answer your questions when I'm done.

Customer: replied 8 months ago.
of course!! you got it!! I do have a couple more questions
Customer: replied 8 months ago.
Another question, is there a statute of limitation for reopening my case?
Customer: replied 8 months ago.
I am in Colorado
Customer: replied 8 months ago.
the house was something that wasn't addressed at all at the time we filed, but the lawyer did address on my ex husband claiming my daughter for taxes every year, not me. I don't think is fair since other couples i know get to claim their kids every other year

I don't know off the top of my head, to be honest, but I do know that it's MUCH less than 5 years. I'm sorry - plz don't shoot the messenger.

Customer: replied 8 months ago.
I just want to know if I can do that or I can't anymore, if there is a statute of limitation in Colorado

The thing about the house is it was NEVER ADDRESSED - so you wouldn't be appealing a decision...

Customer: replied 8 months ago.
i can't afford 59 dollars right now, please can we keep my case online?

So you'd essentially be asking the court to address something that was never addressed in the first place... sort of like asking the court for guidance in light of the fact that the parties forgot to include this asset.

You can disregard the phone call request.. that comes automatically from the site :)

Olivia Kent and 6 other Family Law Specialists are ready to help you
Customer: replied 8 months ago.
I see, what about claiming my daughter on taxes, can that be reversed/changed?
Customer: replied 8 months ago.
thank you for your help, i have to run pick up my daughter from school but i will read your answer when i come back, thank you again!!

Claiming your daughter on your taxes is unlikely to succeed (though certainly not impossible) and that's because it was something that was decided years ago and could have been appealed immediately. After 5 years the court is unlikely to permit a "do-over" to reargue something that could have been argued back then. I hope that makes sense :-) Please let me know if you have any additional questions and I'll be happy to answer them!

Customer: replied 8 months ago.
I see what you say, I also would like to claim my daughter on my taxes every other year
Customer: replied 8 months ago.
I think that would be fair

I understand :) If you're filing a motion to address the house you certainly can throw additional things in and see if the court would be open to re-evaluating. It's unlikely but it's possible.

Customer: replied 8 months ago.
Another question, do you think I can do all this on my own or will I need to be represented by a lawyer?
Customer: replied 8 months ago.
The only reason I accepted things the way they were in the decree back then is because I am foreign and I didn't know any better back then, I thought that is how is done and I signed in good faith. About the house, he has it, he kept the house and he lives in there and it was not put at all in our decree.